In this article, we will explain family limited partnership and discuss the different assets that can be protected, the benefits of FLPs, and the differences between FLPs and Family LLCs. FLPs allow financially-savvy families and seasoned investors to combine their money and undertake projects that may or may not be possible for a single family member, due to lack of funds or business experience. They also provide protection from creditors, estate planning benefits, and tax benefits.
If you are part of a family business, you may want to consider a family limited partnership (FLP). FLPs are valuable for a variety of reasons, including generation-to-generation estate plan security, protecting assets from potential creditors, and minimizing income, gift, and estate taxes.
A family limited partnership is a special form of limited partnership where family members serve as both general and limited partners. General partners run the business and hold the majority of liabilities, while limited partners don’t have a say in day-to-day operations and are not responsible for debt. In order to pass this partnership down to children and grandchildren, the senior family members would typically gift a portion or all of their limited partner interest.
FLPs can protect a significant portion of the following assets:
FLPs are often used for similar purposes as Family LLCs (FLLCs). You should speak to your attorney and accountant to determine whether a FLP or an FLLC would be a better fit for your goals, or whether they should be used in combination. However, FLLCs tend to provide greater liability protection while FLPs offer unique estate planning and tax benefits.
For a more in-depth discussion of this topic, check out our article: What is the Difference Between a Family Limited Partnership and an LLC?
Yes. However, you generally shouldn’t use a limited partnership to operate a business, unless your general partners are LLCs or corporations, because the general partners would be liable for the partnership debts. Be sure to use a corporation or limited liability company to operate your business.